









^ "^ ^i^: J 







FOREST, GAME AND 
FISH LAWS 



1919 EDITION 

closed uBtil 




WARDEN 

CLARE W. HARDING 

ELKINS 



FOREST, GAME AND 



FISH LAWS 



V 



1919 EDITION 




WARDEN 

CLARE W. HARDING 

ELKINS 






IBUNE PRINTING CO., CHARLESTON, 



n. Of D, 



TABLE OF CONTENTS 



Sec. 

1. Forest, Game and Fish Warden — Appointment — Term 

of office — Removal — Compensation and mileage — Chief 
deputy wardens^Appointment — Term of office — Com- 
pensation and mileage — Deputy wardens — Appoint- 
ment — • Terms of office — Compensation — Ex-officio 
deputy wardens — Compensation. 

2. Same — Duties and powers. 

3. Chief deputy wardens and deputy wardens — General 

powers and duties — Compromise or settlement of 
prosecutions— Punshment. 

4. Arrests for violation of game, fish or forest laws — ■ 

Power to make — Neglect to cause offenders to be ap- 
prehended — Punishment. 

5. Seizure of game, fish or birds. 

6. Bonds of warden and chief deputy wardens. 

7. Sheep-chasing dogs. 

8. Same. 

9. Same — Duty of keeper or owner of dog. 

10. Printing, blanks, stationery and postage for warden. 

11. Institution of proceedings for violations of game, fish, 

bird and forest laws — Employment of attorneys, 
when. 

12. Searches and seizures — Powers and duties of warden 

and deputy wardens. 

13. Same — Issuance of search warrants — Sale of property 

seized. 

14. Arrests, and searches and seizures — Summoning aid. 

15. Reports by deputy wardens, ex-offlcio wardens, criminal 

and circuit clerks and justices — Contents. 

16. False returns of moneys collected or disbursed — Punish- 

ment. 



Forest, Game axd Fish Laws 



Sec. 

17. Hindering, obstructing or interfering with warden or 

deputy wardens — Punishment. 

18. Title to wild game, fish and birds to be in state. 

19 License to hunt — TIow to proceed — License fees — To 
whom paid — Penalty for failure to procure license — 
Penalties for violation of section — Consent of guardian 
required for minors. 

21. Sale or transfer of license or tag — Punishment. 

22. Close season and close time — Open season and open 

time. 
2o. (iame animals and game birds — What are. 

24. Same — Buying, selling or having in possession or trans- 

porting or receiving for transportation certain ani- 
mals, birds and fish — Exceptions — Punishment. 

25. Elk and deer — Provisions concerning hunting and kill- 

ing of same — Having certain game birds, animals and 
fishes in possession for transporting outside of state — 
Punishment. 

26. Closed season on birds and animals— Bag limit — punish- 

ment. 

27. Use of seine or trap to catch birds. 

28. Same — Hunting on Sunday — I'unishment. 

20. Prosecution foi- violation of this chapter — To be in 
name of state — Jurisdiction — Fee for prosecuting" 
attorney. 

30. Same — Witnesses — Privileges and competency. 

31. Moneys collected — Disposition of. 

32. Requisitions and extraditions. 

33. Killing, catching, having in possession, or selling, or 

transporting certain birds — Selling or having in his 
possession plumage, etc., of certain birds — Game birds 
defined. 

34. Unlawful to take nests or eggs of wild birds — Excep- 

tions. 

35. Transportation of certain birds. 

36. Penalties for violation of sections 33, 34, 35. 



Forest, Game and Fish Laws 



Sec. 

37. Taking birds, uests or eggs for sciontific purposes. 

38. Same — Certificate to collect — To and by wliom issued — 

Fee for — Taking birds, etc., for ollior than scientific 
purposes — Forfeiture of certificate and punishment. 

39. Same — Certificate to collect — Expiration — Transfer. 

40. Birds not protected by chapter. 

41. Wild non-game birds as domestic pets. 

42. Negligently shooting or killing human being or live 

stock while hunting — Punishment. 
4.5. No open season for certain birds — Killing, ttc. — Punish- 
ment. 

44. License to fish — Of \Yhom required — How Procured — 

How fish may be taken — Open seasons — Lawful 
length of various kinds of fish — Fishing in private 
pounds, etc. — Unlawful to let water oiit of ponds, 
etc. — Trespass notices — Penalties for violaton of 
section. 

45. Nets, traps, etc. — Lawful to destroy — All dams, etc., to 

be provided with fishways — Time allowed for com- 
pletion or same — Penalties for violation of section, 
-i.l-a. I)ei)ositing matter in streams deleterious to propaga- 
tion of fish — Coal mine drainage — State Board of 
health to have authority to investigate — Written 
consent of Forest, Game and Fish Warden required 
before any prosecutions are instituted— Penialties — 
Repeal. 

46. Employment of persons to unlawfully take, etc., game, 

birds or fish — Starving game, birds, etc., at hotels, 
etc. — Punishment. 

47. Use of explosives, drugs or electricity to take fish — 

Prima facie evidence — Punishment. 

48. Sale or gift of explosives, etc., to take fish — Punish- 

ment. 

49. Shooting, hunting, fishing, fowling, camping, peeling 

trees, cutting timber, building fires, etc., on enclosed 
or improved lands of another without permission — 
Punishment — Arrest of violators. 



Forest, Game and Fish Laws 



Sec. 

50. Shooting across public road, or near schoolhouse or on 

lands of another appurtenant to or near occupied 
dwelling — Punishment. 

50-a. Bounties paid for certain birds and animals — How 
procured — False statements to secure bounty — Pun- 
ishment. 

50-b. Game refuges — Unlawful to hunt on same — Penalty. 

51. Forest, Game and Fish Warden to be ex-offlcio warden* — 

Forester — Duties — Special deputies and inspectors — 
Special deputy fire wardens — Powers and duties. 

52. Deputy wardens compensation at forest fires — To be 

charged against county — Forest, Game and Fish War- 
den to audit report of forest fires — Submitment to 
county court for payment — Penalty for false report 
as to forest fires. 

53. Negligent building or use of, or failure to extinguish 

fire — Punishment — Notice to adjoining land owners of 
intention to burn trash, etc. 

54. Removal of inflammable material from railroad rights 

of way — Sparlj extinguishers on engines — Prevention 
of escape of fire from engine ash pans and furnaces — 
Punishment forviolation of section. 

55. Forest fires — Recovery of expense of extinguishment — 

Recovery of damages. 

56. State foi-est reserves. 



Forest, Game and Fish Laws 



Sec. 1. Forest, Game and Fish Warden — Appoint- 
ment — Term of office — Removal — Compensation and 
mileage — Chief Deputy Wardens — Appointment — 
Term of office — Compensation and mileage — Deputy 
Wardens — Appointment — Term of Office — Compensa- 
tion — Ex-officio Deputy Wardens — Compensation. 

CHAPTER 62. 

Section 1, Forest, game and fish warden; depu- 
ties. 

The governor shall between the first day of June 
and the first day of July, one thousand nine 
hundred and nine, appoint some person, a citizen of 
this state, whose term of office shall begin on the 
first day of July, one thousand nine hundred and 
nine, to the office of forest, game and fish warden. 
Said warden shall hold his office for four years and 
until his successor has been appointed and qualified, 
unless sooner removed for cause by the governor. 
He shall receive for his services the sum of eighteen 
hundred dollars per annum, to be paid out of the 
treasury, quarterly, after being duly audited; and 
shall be allowed mileage of three cents a mile while 
traveling by railroad or steamboat, and ten cents a 
mile while traveling otherwise than railroad or 
steamboat, for the distance necessarily traveled while 
actually in the discharge of his official duties as such 



Forest. Gaime and Fispi Laws 



warden. Provided, however, that the mileage ex- 
penses of said warden shall be reported quarterly 
under oath to the governor and approved by him; 
and provided, further, that such mileage expenses 
shall not, in any one year exceed five hundred dollars. 
Said warden shall devote all his time to the dis- 
charge of the duties of his office, imposed upon him 
by law. Said warden shall appoint two persons who 
are citizens of this state and one of whom shall re- 
side in the eastern section of the state, chief deputy 
wardens of forests, game and fish, said chief deputies 
shall hold their office at the pleasure of the warden 
appointing them. Said chief deputies shall each re- 
ceive for their service, the sum of nine hundred 
dollars a year, to be paid out of the treasury quar- 
terly after being duly audited; and shall be allowed 
mileage of three cents a mile while traveling by rail- 
road or steamboat, and ten cents a mile while travel- 
ing otherwise than by railroad or steamboat, for the 
distance necessarily traveled for the purpose of per- 
forming the duties imposed upon them by law, and 
they shall devote all their time thereto, such mile- 
age expense of either of said chief deputies, shall be 
reported quarterly under oath to the warden and ap- 
proved by him, and forwarded to the governor and 
approved by him; provided, however, that said mile- 
age in any one year, shall not exceed four hundred 
dollars to each chief deputy warden. The warden 
shall appoint such persons as he may deem fit, who 
are citizens of this state, to act as deputy wardens 
in the several counties of this state. Said deputy 
wardens shall hold their office at the pleasure of the 
forest, game and fish warden. The sheriffs, deputy 



FoREfcT, Game axd Fish Laws 



sheriffs and constables in the several counties of this 
state shall be ex-officio deputy wardens therein, and 
the chiefs of police of the cities, towns and villages 
of this state shall be ex-officio deputy wardens therein 
and their jurisdiction shall extend no further than 
their respective counties, cities, towns and villages. 
All said deputy wardens, either appointed or ex- 
officio, shall receive for their services one-half of the 
fines imposed by any justice or court having juris- 
diction, and collected in each prosecution instituied 
by any such deputy warden, and the other half of 
such fine shall be paid to the forest, game and fish 
warden who shall pay the same over to the treasurer 
of the state, to be credited by him as other fines are 
credited; but no fees or moneys shall be paid any 
deputy for services rendered as such deputy warden, 
out of the treasury of this state, and in any prosecu- 
tion under this chapter, section two of chapter 
thirty-six of the code of one thouosand eight hundred 
and ninety-nine and section one thousand one hun- 
dred and fifty-nine of the code of one thousand nine 
hundred and six shall not apply to any warden. ( A.cts 
1897, c. 13; 1901, c. 93; 1909, c. 60.) 
Sec. 2. Same; duties and powers. 
The forest, game and fish warden shall have general 
charge of the following public matters, and necessary 
powers therefor. The collection and diffusion of such 
statistics, literature and information as he may deem 
useful in regard to the protection of forest and the 
protection and propagation of game and fish, the 
publishing thereof, and the taking charge of and 
keeping all reports, books, papers and documents 
which shall, in the discharge of his duties, hereunder. 



10 Forest, Game and Fish Laws 

come into his possession and control, and the insti- 
tution of all proper legal proceedings to enforce the 
provisions of law, now in force, or hereafter enacted, 
in reference to forests, game and fish. Said warden 
shall, on or before the first day of January, one 
thousand nine hundred and eleven, and biennially 
thereafter, submit to the governor, a detailed report 
showing what has been done by him during the pre- 
ceding biennial period, the amount of all moneys re- 
ceived by him and from what sources, in detail, a 
complete inventory of all game and other property 
seized and sold, and the amount received therefor, 
and the amount of disbursements in detail. The 
books and vouchers of said warden shall be subject 
to examination by the auditor of the state at all 
times. (Acts 1909, c. 60.) 

Sec. 3. The chief deputy and deputy wardens shall 
act and be under the direction and supervision of 
said forest, game and fish warden. Said chief deputy 
and deputy wardens shall have authority, and it shall 
be their duty to enforce the game, fish and forest 
laws of this state, now in force or hereafter enacted, 
for the protection of forests and protection, preserva- 
tion and propagation of game, fish and birds, and 
shall be immediately responsible to the warden, and 
shall report all matters under their jurisdiction, 
whenever requested by him and receive instructions 
from him. It shall be unlawful for any deputy war- 
den, either appointed or ex-officio, to settle, com- 
promise or adjust any prosecution under this chapter 
and to receive moneys from any violator or alleged 
violator of any of the provisions thereof unless the 
same are moneys received in the payment of fines 



Forest, Game and Fish Laws 11 

imposed in due process of law by a justice or court 
having jurisdiction of the offense charged, and if any 
such deputy warden shall receive any moneys from 
any such violator or alleged violator, either as such 
settlement and compromise or to prevent any prose- 
cution therefor, such deputy warden shall be guilty 
of a felony and upon conviction thereof, shall be con- 
fined in the penitentiary not less than one nor more 
than five years. (Acts 1897, c. 13; 1901, c. 93; 
1909, c. 60.) 

Sec. 4. Arrests for violations of chapter. 
The forest, game and fish warden, and appointed 
deputy wardens shall have full power to execute and 
serve any warrant or process of law, issued by any 
justice of the peace or by any court having jurisdic- 
tion under the law, relating to game, fish, birds and 
forests, in the same manner as any constable or 
sheriff might serve or execute such process, and may 
arrest on sight without a warrant, any person or 
persons, detected by them, actually violating any of 
the provisions of the laws of this state relating to 
the game, fish, birds and forests, and may take such 
person or persons, so offending, before any court, or 
justice of the peace, having jurisdiction of the of- 
fense, and make proper complaint before such court, 
or justice, which shall proceed with the case in the 
manner as provided by law. Any such appointed 
warden, who on receiving information from a re- 
liable person, of the violation of the game, fish or 
forest laws, neglects or refuses to thoroughly in- 
vestigate such alleged violation, and apprehend or 
attempt to apprehend the offender, shall be guilty of 
a misdemeanor, and upon conviction thereof, shall 



12 Forest, Game and Fish Laws 

be fined not less than ten dollars nor more than fifty 
dollars for each offense. (Acts 1897, c. 13; 1901, 
c. 93; 1909, c. 60.) 

Sec. 5. Seizure of game. 

The warden and deputy wardens shall seize and 
take possession of, on sight and without process, any 
fish, game or birds, found in the possession of any 
person or persons, or corporation which is so in 
possession contrary to law. (Acts 1897, c. 13; 1901, 
c. 93; 1909, c. 60.) 

Sec. 6. Bonds of wardens. 

The forest, game and fish warden and the 
chief deputy wardens, shall each, before entering 
upon the discharge of their respective duties, 
execute a bond in the penalty of three thousand 
five hundred dollars, with security therein to be 
approved by the governor, and conditioned for the 
faithful performance of their duties, and to account 
for and pay over all moneys and property coming 
into their hands, due and belonging to the state, and 
also conditioned according to the requirements of the 
present law with reference to the carrying of re- 
volvers, which said bonds, after having been ap- 
proved by the governor, shall be deposited with the 
auditor. (Acts 1909, c. 60; 1915, c. 14.) 

Sec. 7. Sheep-chasing dogs. 

Any person may kill any dog that he may see 
chasing, worrying, wounding or killing any sheep, 
lambs, goats or kids outside of the enclosure of the 
owner of such dog, unless the same be done by the 
direction of the owner of such sheep, lambs, goats 
or kids. (Acts 1875, c. 32, sec. 1; 1882, c. 89; 1907, 
Extra Sess. c. 14.) 



Forest, Game axd Fish Laws 13 

Sec. 8. If any dog shall have killed or assisted in 
killing, wounding or worrying any sheep, lambs, 
goats or kids gut of the enclosure of the owner of 
such dog, the owner or keeper of such dog shall be 
liable to the owner of such sheep, lambs, goats or 
kids in the amount of the damages sustained, to be 
recovered in action before any court or justice having 
jurisdiction of such action; and it shall not be neces- 
sary to sustain such action, to prove that the owner 
or keeper of such dog, knew such dog was accus- 
tomed to do such worrying, killing or wounding; but 
a recovery under this section shall bar and preclude 
the owner of such sheep, lambs, goats or kids from 
obtaining compensation from the county court, and 
when compensation is obtained from the county court 
under any law which is now or may hereafter be in 
force, then the county wherein the payment is made, 
is authorized to sue under this section, and recover 
as the owner of the sheep, lambs, goats or kids, 
might have done, and the amount so recovered shall 
be paid into the county treasury; but no suit shall 
be commenced unless authorized by the county court. 
Any person who shall habor or secrete or aid in 
secreting any dog which he knows or has reason to 
believe has worried, chased or killed any sheep, 
lambs, goats or kids, not the property of the owner 
of such dog, out of his enclosure, or knowingly per- 
mit the same to be done on any premises under his 
control, shall be guilty of a misdemeanor, and upon 
conviction thereof before any court or justice having 
jurisdiction thereof, in the county in which the 
offense is committed, be fined not less than ten 
dollars, nor more than fifty dollars, and at the dis- 



14 Forest, Game and Fish Laws 

cretion of the court or justice, imprisoned in the 
county jail not more than thirty days; and each day 
that such dog is harbored, kept or secreted, shall 
constitute a separate offense. (Acts 1875, c. 32; 
sec. 2; 1882, c. 89; 1907, Extra Sess., c. 14.) 

Sec. 9. The owner or keeper of any dog that has 
been worrying, wounding, chasing or killing any 
sheep, lambs, goats or kids, not the property of such 
owner or keeper, out of his enclosure shall, within 
forty-eight hours after having received notice thereof 
in writing from reliable and trusty source, under 
oath, cause such dog to be killed; if the owner or 
keeper refuse to kill said dog as hereinbefore pro- 
vided, any justice of the peace upon information, 
shall summon the owner or keeper of said dog, and 
after receiving satisfactory proof that his dog did 
the mischief, shall issue a warrant on application 
being made by the owner of the sheep, lambs, goats 
or kids killed, and give it into the hands of the con- 
stable, special constable or sheriff, who shall kill the 
dog forthwith; the cost of said proceedings shall be 
paid by the owner of the dog so killed, including a 
fee of fifty cents to the officer killing the said dog; 
the owner of said dog so killed, shall in addition to 
the costs, be liable to the owner of the sheep, lambs, 
goats or kids, or to the county court for the value of 
the sheep, lambs, goats or kids so killed or injured. 
(Acts 1875, c. 32, sec. 3; 1882, c. 89; 1905, c. 57; 

1907, Extra Sess., c. 14.) 
Sec. 9-a. Dog tax. 

(Acts 1875, c. 64; 1881, c. 23; 1882, c. 62; 1907, c. 14; 

1908, c. 29.) For county adoption. Local. Omitted. 



Forest, Game and Fish Laws 15 

Sec. 10. Stationery for warden. 

The forest, game and fish warden shall be allowed 
all necessary printing, printed blanks, stationery 
and postage; but before he shall incur any expense 
for printing, he shall first make requisition therefor 
upon the governor, who, in his discretion, approving 
the same, shall issue his warrant to the warden for 
said printing, the cost and expense thereof to be 
paid out of the state treasury. (Acts 1909, c. 60.) 

Sec. 11. Prosecutions by wardens; searches and 
seizures; arrests. 

The forest, game and fish warden and deputy 
wardens may make complaint and cause proceed- 
ings to be instituted against any person or per- 
sons, or corporation, for the violation of any of 
the game, fish, bird and forest laws, without the 
sanction of the prosecuting attorney of the county 
wherein such proceedings are instituted; and in all 
such cases they shall not be required to give security 
for costs. Any of said officers may also appear in 
any court of competent jurisdiction in this state, in 
any case for violation of any of the laws for the 
protection of forests, or the protection, preservation 
and propagation of game, fish and birds and prose- 
cute the same in the manner and with the same 
authority, as the prosecuting attorney of the county 
in which such proceedings are had. And in such 
cases they may, in the event of the refusal or neglect 
of the prosecuting attorney to act, employ an attor- 
ney of their choice, and to such attorney, or to the 
prosecuting attorney if he shall act, there shall be 
taxed in the costs, upon conviction, a fee of ten 



IC) Forest, Ga:.ie A^'D Fisii Laws 

dollars, in such case. (Acts 1897, c. 13; 1901, c. 93; 
1909, c. 60.) 

Sec. 12. The forest, game and fish warden and 
deputy wardens, shall have the power to search any 
person and examine any boat, vehicle, conveyance, 
express car, railroad car, fish box, fish basket, game 
bag or game coat, or any other receptacle in which 
game, birds or fish could be placed, concealed or con- 
veyed, whenever they have reason to believe that 
they will secure or discover evidence of a violation 
of the game and fish laws of this state; and any 
hindrance or interference, or attempt to hinder or 
interfere, with such search or examination, shall be 
prima facie evidence of a violation of the law by the 
person or persons who hinder or interfere, or attempt 
to hinder or interfere, with such search and examina- 
tion. Said officer, or officers, shall, at any and all 
times, seize and take possession of any and all game, 
fish, birds and animals, which have been caught, 
taken or killed at any time, in any manner or for any 
purpose, or had in possession or under control or 
have been shipped, contrary to any of the laws of this 
state. Such search and seizure may be made with- 
out warrant; and the warden or deputy wardens shall 
not be liable for false seizure of such birds, game or 
fish. (Acts 1897, c. 13; 1901, c. 93; 1909, c. 60.) 

Sec. 13. That any justice or court having juris- 
diction of the offense, upon receiving information of 
probable cause for believing that any game, birds or 
fish, caught, taken, killed, had in possession, under 
control, or shipped, or about to be shipped contrary 
to, or in violation of any of the laws of this state, 
shall issue a search warrant, and cause a search to 



Forest, Game and Fish Laws 17 

be made, in the manner provided by law, in any place, 
and to that end may cause any building, dwelling 
house, enclosure, or car to be entered forcibly, if 
necessary, and any apartment, chest, barlocker, 
refrigerator, crate, basket or package, broken open 
and the contents thereof examined by the forest, 
game and fish warden or deputy wardens. All game, 
fish or birds, seized by any of said officers, shall be 
sold under the direction of the justice, or court be- 
fore whom the offense is tried, or search warrant 
issued, and the proceeds of all sales shall be paid 
into the treasury of the state. (Acts 1897, c. 13; 
1901, c. 92; 1909, c. 60.) 

Sec. 14. Any of the officers herein, whose duty it 
is to enforce the game, fish, bird and forest laws of 
this state, shall have the same right and power as 
sheriffs to summon aid in making arrests, seizures, 
or executing any process; and any person, or per- 
sons, so summoned, and refusing to act, shall be 
liable, upon conviction, to the same fines and penal- 
ties, the same as if summoned by a sheriff. Such 
arrests may be made on a Sunday, in which case the 
person, or persons arrested shall be taken before a 
justice, having jurisdiction, and proceeded against as 
soon as may be on a week day following such arrest. 
(Acts 1897, c. 13; 1901, c. 93; 1909, c. 60.) 

Sec. 15. Quarterly reports of deputy wardens. 

The appointed deputy wardens shall, on the first of 
the months of January, April, July and October of 
each year make a report under oath to the forest, 
game and fish warden, which reports shall show in 
detail the work done by them severally during the 
three months next preceding. The forest, game and 



18 Forest, Game and Fish Laws 

fish warden shall furnish the deputy wardens all 
necessary blank forms and stationery for making 
said reports. All such reports shall show an account 
of the suits commenced, the justice or court before 
whom such proceedings were had, the number and 
kinds of game, fish, birds and property seized, and 
what disposition was made of the same, the amount 
of proceeds of sale, and the amount of money, if any, 
received by him for fines imposed, or from any other 
source provided for by this chapter. Ail ex-officio 
deputy wardens shall make a report to the forest, 
game and fish warden on the first day of January, 
April, July and October of each year if they have 
instituted any proceedings or collected any moneys 
under the provisions of this chapter during such 
preceding three months, and all deputy wardens 
shall within thirty days after its receipt pay over to 
the forest, game and fish warden the fines collected 
by him, and the bonds of all ex-officio wardens shall 
be liable for any such moneys received by them. 
All justices and clerks of circuit and criminal courts 
before whose courts any case under this chapter 
comes, shall, on the first day of January, April, July 
and October, of each year, if there has been before 
this court any case under this chapter, report to the 
state forest, game and fish warden all money col- 
lected by him and the status of all cases pending or 
started in his court. (Acts 1897, c. 13; 1901, c. 93; 
1909, c. 60; 1915, c. 14.) 

Sec. 16. Failure of wardens to account for moneys. 

The forest, game and fish warden and deputy 
wardens, or any other officer who shall make 
any false return as to moneys collected or disbursed 



Forest, Game axd Fish Laws 19 

by him, as provided for in this chapter or does not 
pay over to the proper officer as provided in this 
chapter, moneys. collected by him for fines, shall be 
deemed guilty of a felony, and upon conviction 
thereof shall be confined in the penitentiary not less 
than one year nor more than five years. (Acts 1901, 
c. 93; 1909, c. 60.) 

Sec. 17. Obstructing wardens. 

Any person who hinders, obstructs or interferes 
with, or attempts to hinder, obstruct or Interfere 
with, the forest, game and fish warden and deputy 
wardens in the discharge of their respective duties 
herein, shall be deemed guilty of a misdemeanor, 
and upon conviction thereof, shall be fined not less 
than twenty-five dollars nor more than two hundred 
dollars, together with the costs of the prosecution, 
and in default of payment thereof shall be confined 
in the county jail until said fines and costs are 
paid; provided, however, that such imprisonment 
shall not exceed ninety days. (Acts 1897, c. 13; 
1901, c. 93; 1909, c. 60.) 

Sec. 18. State title to game and fish. 

The ownership of, and the title to, all wild game, 
wild birds, both resident and migratory, and all fishes 
in the state of West Virginia, are hereby declared to 
be in the state, and no such game, birds, or fishes 
shall be taken or killed in any manner, or at any 
time, except the person so taking or killing the same, 
shall consent that the title thereto shall be and re- 
main in the state of West Virginia, for the purpose 
of regulating the use and disposition of the same 
after such taking or killing. The taking or killing 



20 Forest, Game and Fish Laws 

of wild game birds or fishes, at any time or in any 
manner or by any person, shall be deemed a consent 
of such person that the title thereto shall be and re- 
main in the state, for the purpose of regulating the 
use, and disposition of the same. (Acts 1907, Reg. 
Sess., c. 57; 1909, c. 60.) 

Sec. 19. No person not a citizen of the United 
States of America shall at any time hunt, pursue, 
kill or catch any wild animals, or wild birds in this 
state, or have in his possession firearms of any kind 
for the purpose of hunting. 

No person shall, at any time, hunt, pursue, kill or 
catch any wild animals, or wild birds in this state, 
without first having secured a license so to do, as 
herein provided, and then only during the respective 
periods when it shall be lawful to hunt such game, 
animals and game birds. Such license may be pro- 
cured in the following manner, to wit: The appli- 
cant shall go before the clerk of the county court of 
the county of his residence and fill out a blank appli- 
cation, stating his citizenship, name, age, occupation, 
or profession, weight, height, place and county resi- 
dence, color of hair, eyes and complexion; the appli- 
cation shall be subscribed in ink and sworn to by the 
applicant that his statements are correct and true 
to the best of his knowledge and belief before the 
county clerk issuing said license. If the applicant 
be a citizen of any state or territory of the United 
States of America, and a non-resident of this state, 
such application may be made and the license issued 
by the clerk of the county court in any county in the 
state, and such non-resident applicant shall pay to 
the clerk of the county court before receiving the 



Forest, Game and Fish Laws 21 

license the sum of eighteen dollars as a license tax 
for a hunting license permitting him to hunt any of 
the wild animals' or wild birds in this state. All non- 
resident members of any club or organization owning 
or leasing a game or fish preserve in this state, shall 
be required to secure a non-resident license to hunt 
or fish. 

If the applicant be a bona fide resident of this 
state he shall make application for a hunting license 
to the clerk of the county court of the county of his 
residence, which application shall be the same as 
above described, and in the manner so described; 
or if applicant is a bona fide resident and citizen of 
this state, he may fill out said application and swear 
to the same before some one authorized to admin- 
ister oaths and send the same to the county clerk of 
the county of his residence together with the amount 
of license tax herein prescribed and sufficient post- 
age for the return of the license, and such clerk shall 
thereupon issue and send him such license; but be- 
fore issuing the said license, the applicant shall in 
all cases, pay to the clerk of the county court the 
sum of one dollar as a license tax; provided, that a 
bona fide resident land owner or his children, or his 
bona fide tenant may, on his own land, hunt any of 
the game animals or game birds mentioned in this 
chapter during the hunting season without obtaining 
a license so to do. No person to whom such license 
has been issued shall be entitled to hunt, pursue or 
kill game in this state, unless at the time of such 
hunting, pursuing or killing of game animals, or 
game birds, he shall have such license in his actual 
possession; and he shall exhibit the same to any 



22 Forest, Game and Pish Laws 

officer of this state or to the owner, tenant or leasee 
on any land on which he is hunting on demand. 
Such license shall be good anywhere in this state to 
permit the holder thereof to hunt in any of the 
counties of this state, but only during the period of 
time in which it is lawful to hunt for any of the 
game birds or game animals; and such license shall 
be good and valid until the end of the calendar year 
in which the same is issued. Said license shall be 
signed by the clerk of the county court and bear the 
name of the county, and the seal of the county court 
of the county in which same is issued, and shall 
bear a I'umber according to the serial order in which 
it was issued, and the clerk shall be allowed to de- 
duct twenty-five cents from such license tax paid him 
under tliis section, as a fee for his services for filling- 
out, acknowledging affidavit and issuing said licenses. 
At the same time that such a clerk issues such a 
license to the applicant he shall also deliver to liim 
a tag bearing in figures the name and number of his 
license, and the name of the county wherein the 
same was issued, and if the same was issued lo a 
non-resident of this state, the said tag shall also 
bear the words , "non-resident." 

The form of said license to be issued hereunder, 
and the said affidavits to be made by the applicants 
therefor, and the tag hereinbefore required to be 
delivered to the applicant, shall be designed and 
supplied to the clerk by the state forest, game and 
fish warden, and such tag shall at all times be w-rn 
on the arm of the licensee, prominently exhibited, 
while hunting under the authorship of said license. 



Forest, Game and Fish Laws 23 

Said clerks shall keep an accurate list of all such 
licenses issued by them and shall pay into the treas- 
ury of the state- of West Virginia on the first day of 
each month all such license taxes collected by them 
for the month next preceding, except his fees. 

The carrying of any uncased gun in any of the 
fields or woods of this state by any person not 
having a right to hunt, pursue or kill game birds, or 
animals in such fields or woods, shall, as to such 
person, other than the bona fide owner or owners of 
such fields or woods, his or their child or children, 
tenants or leasees be deemed prima facie evidence 
of a violation of this section; and any person claim- 
ing to hold a license to hunt in this state, having in 
his possession any gun or other hunting parapher- 
nalia in such woods, or fields, shall on failure to 
produce such license for inspection to any warden 
of this state or to any officer or owner or agent of 
the owner of such woods and fields, on demand, or 
upon failure, at all times to wear, as herein required, 
the tag while in such woods or fields, or who shall 
transfer or attempt to transfer any license men- 
tioned in this section, or who shall hunt or attempt 
to hunt with or under such transferred license, be 
deemed guilty of a misdemeanor, and on conviction 
be punished as herein provided. Any person vio- 
lating any of the provisions of this section shall be 
deemed guilty of a misdemeanor, and upon con- 
viction thereof, shall be fined not less than twenty- 
five nor more than one hundred dollars for each and 
every offense, including the cost of prosecution and a 
fee of ten dollars to the attorney prosecuting the 
case, and in addition thereto may be confined in the 



24 Forest, Game and Fish Laws 

county jail for a period not exceeding sixty days, in 
the discretion of the court or justice trying the case, 
and upon failure to pay said fine and costs, the per- 
son convicted shall be confined in the county jail 
until such fine and costs are paid, but such imprison- 
ment shall not exceed thirty days for any one offense. 
No hunters' license shall be issued to any minor 
under the age of fifteen years without the consent in 
writing from the parent or guardian of such minor, 
such consent to be filed with the clerk issuing the 
license and by him preserved, but such infant may 
hunt on his own land or that of his parents or 
guardian. 

Sec. 21. Any person who shall, at any time, alter 
or change in any manner, or loan, sell or transfer to 
another any license or tag provided for in this chap- 
ter, or any person who shall buy or borrow such 
license or tag shall be deemed guilty of a mis- 
demeanor and upon conviction thereof shall be fined 
not less than twenty nor more than fifty dollars in 
addition thereto may be confined in the county jail 
not more than thirty days. (Acts 1909, c. 60; 1915, 
c. 14.) 

Sec. 22. Meaning of "Close" or "Open Season" or 
''Time." 

The words "close season" and "close time," 
shall mean the time or period during which it is un- 
lawful to hunt, pursue, catch, shoot, wound, trap or 
destroy any bird or animal, or to fish for or catch any 
fish, and the words "open season" and "open time," 
shall mean the open time or period during which it 
shall be lawful to take these animals, birds and fish, 
as specified and limited by law. (Acts 1909, c. 60.) 



Forest, Game axd Fish Laws 25 

Sec. 23. What are game animals or birds. 

For the purposes of this chapter the following are 
considered game animals, to wit: Elk, deer, rabbits 
and squirrels. And the following shall be considered 
game birds, to wit: The anatadae, commonly known 
as ducks, geese, swan and brant; the rallidae, com- 
monly known as mud hens, rails, coois and gallinules; 
the limicolae, commonly known as shore birds, 
plover, snipe, woodcock, tattlers, curlews, ortolan, 
sandpiper; and gallinae, commonly known as wild 
turkey, ruffed grouse or pheasant, quail or bob white. 
(Acts 1909, c. 60; 1915, c. 14.) 

Sec. 24. Unlawful possession or sale of game. 

It shall be unlawful for any person to buy, sell or 
have in possession any of the animals, wild fowl or 
birds mentioned in section twenty-three of this chap- 
ter, at any time when the killing, trapping, netting 
and snaring of such animals, wild fowl or birds shall 
be unlawful, or which shall have been killed, trapped, 
netted or snared contrary to the provisions of this 
chapter. And it shall further be unlawful for any 
person, or persons, firm or corporation, at any time, 
to purchase or offer to purchase, or to sell or expose 
for sale, or have in his, or their possession for the 
purpose of selling, any quail, ruffed j^rouse, or 
pheasant, w^oodcock, wild turkey, wild geese, swan, 
brant, wild ducks of any kind, plover, snipe, sand- 
piper, squirrel, deer, or venison; trout of any species, 
salmon of any species, pike, bass or silver perch or 
any of the birds, fish or game prohibited to be caught 
or killed at any time by the provisions of this chap- 
ter, and it shall be unlawful for any person or per- 



26 Forest. Game axd Fish Laws 



sons, firm or corporation, or common carrier, to re- 
ceive for transportation, or to transport, carry or 
convey, any quail, ruffed grouse or pheasant, 
woodcock, wild turkey, wild geese, swan, brant, wild 
ducks of any kind, plover, snipe, sandpiper, squirrel, 
deer or venison or game fishes mentioned in this 
section, that shall have been caught, snared, taken, 
trapped or killed at any time, within the limits of 
this state, knowing, or having reason to believe, the 
same had been sold, or to transport, carry or convey 
the same outside of this state for any purpose; pro- 
vided, that it shall be lawful to have any such game 
animals, birds or fishes in possession for a period 
not exceeding twenty days after the open season 
thereof is ended and the close season thereon has 
begun. Any person, or persons, firm or corporation, 
guilty of violating any of the provisions of this sec- 
tion, ^hall be deemed guilty of a misdemeanor, and 
on conviction thereof, shall be fined not less than 
twenty-five dollars nor more than one hundred dol- 
lars for each and every offense, and the costs of the 
prosecution. And in default of the payment of such 
fine and costs shall be confined in the county jail 
until the same is paid, not to exceed, however, the 
period of sixty days. The selling, exposing for sale, 
having in possession for sale, transporting or carry- 
ing and conveying, contrary to the provisions of this 
section, of each and every animal, fish or bird men- 
tioned in this section, shall constitute a separate 
offense. 

Sec. 25. No person shall hunt, chase, wound or 
kill any elk in this state at any time for a period of 
eight years from and after the passage of this act; 



Forest, Game and Fish Laws 27 

provided, that the owner of anj^ elk, which shall be 
kept in any park or field sufRciently inclosed to rea- 
sonably prevent their escape therefrom, shall have 
the right to kill any elk of his own; provided, further, 
that such owner may pursue, recapture or kill any 
of his elk that may escape from his inclosure. No 
person shall hunt, chase, wound or kill any deer in 
this state at any time for a period of three years 
from and after the passage of this act; provided, that 
the owner of any deer, which shall be kept in any 
park or field sufRciently inclosed to reasonably pre- 
vent their escape therefrom, shall have the right to 
kill any deer of his own; provided, further, that such 
owner may pursue, recapture or kill any of his deer 
that may escape from his inclosure. 

No person shall chase, wound or kill any wild 
turkey in this state at any time for a period of two 
years from and after the passage of this act. No 
person or persons shall chase or hunt deer with dogs 
in this state at any time. Any person violating any 
provisions of this paragraph shall be guilty of a 
felony, and on conviction thereof shall be confined in 
the penitentiary not less than six months nor more 
than five years. 

No person shall hunt, chase, kill or wound any 
deer after the year one thousand nine hundred and 
twenty-one, from the first day of December until the 
fifteenth day of October following, of any year except 
tame deer owned by the person owning same; nor 
shall any person kill more than one deer in any one 
season. No person shall at any time kill any fawn, 
doe, or any other deer than bucks with horns or 
antlers over four inches in length, or have the fresh 



28 Forest, Game and Fish Laws 

skin of any doe or fawn in his possession. No per- 
son shall at any time kill or have in his possession 
any deer, quail, pheasant or ruffed grouse, wild tur- 
key, squirrel, or any part of the same, or game fishes 
with the intention of sending or transporting the 
same or having the same sent or transported beyond 
the limits of this state. Any person violating any 
provisions of this paragraph shall be guilty of a mis- 
demeanor and on conviction thereof shall be fined 
not less than twenty-five nor more than fifty dollars 
for each and every deer unlawfully hunted, chased, 
wounded, or killed, and for each doe or fawn's skin 
had in his possession and not less than twenty-five 
dollars nor more than fifty dollars for each and every 
quail, ruffed grouse or pheasant, wild turkey or any 
part of the same, for each and every game fish and 
for each deer, or part of a deer, killed or had in 
possession with the intention of sending or trans- 
porting the same, or having sent or transported be- 
yond the limits of this state. And in addition to the 
fine or fines prescribed in this paragraph, the per- 
son or persons convicted may be confined in the 
county jail not to exceed sixty days for each and 
every offense; and upon default of the payment of 
the fine and costs shall be confined in the county 
jail until the same are paid, but not to exceed a 
period of sixty days. 

Sec. 25-c. Hunting skunks. 

(Acts 1901, c. 90; 1908, c. 44.) For county adoption. 
Local. Omitted. 

Sec. 26. It shall be unlawful for any person to 
catch, kill or injure, or pursue with intent to catch, 



Forest, Game and Fish Laws 29 

kill or injure any ruffed grouse, or pheasant or wild 
turkey between the first day of December and the 
fifteenth day of October of the following year; or 
any quail or Virginia partridge between the first day 
of December and the first day of November following. 
Xor shall any one person kill more than twelve quail 
or five ruffed grouse, or two wild turkeys in any one 
day, and no more than sixty quail or twenty ruffed 
grouse, or five wild turkeys in any one open season. 
No person shall kill any wild ducks, goose, or brant 
between the first day of January and the first day of 
October; provided, that the wood duck shall not be 
killed at any time within this state; woodcock be- 
tween the thirtieth day of November and the first 
day of October following; plover, ortolan, or sand- 
piper between the fifteenth day of December and the 
first day of September following; or any snipe be- 
tween the fifteenth day of December and the fifteenth 
day of October following; nor any gray, black, fox 
or red squirrel between the first day of December 
and the fifteenth day of September of the following 
year. Nor shall any person kill more than ten 
squirrels in any one day, nor more than seventy 
during any open season. 

It shall be unlawful for any person to catch, kill 
or injure or pursue with intent to catch, kill or in- 
jure any rabbit between the first day of January and 
first day of October following; provided, it shall be 
lawful for any person or any of his children or 
agents to catch, kill or pursue at any time any rabbit 
upon his own land or upon any land upon which he 
may be an actual bona fide tenant or resident and 
also for the bona fide agent of the owner of such 



30 Forest, Game and Fish Laws 

land to hunt, and kill any rabbit thereon by the 
direction of such owner otherwise than by the use 
of a ferret; but for the protection of orchards, gar- 
dens and young fruit, trees or vines, rabbits may be 
lawfully hunted with ferrets by the owners thereof 
or their agents. 

It shall be unlawful for any person to catch, kill 
or injure by means of a gun, snare, trap or poison 
any red fox, or skunk between the first day of Febru- 
ary and the first day of December following, except 
in the following named counties: Pocahontas, Ran- 
dolph, Fayette, Pendelton, Monroe, Jefferson, Hardy, 
Wayne, Wood, Marshall, Mason, Gilmer, Hancock, 
Lincoln, Hampshire, Braxton , Raleigh, Webster, Put- 
nam, Preston, Lewis, Jackson, Marshall, Mercer, 
Greenbrier, Berkeley, Tyler, Boone, Kanawha, Logan, 
Barbour, McDowell, Tucker and Calhoun; provided, 
however, that it shall be lawful for any person at any 
time or by any means to catch, kill or pursue any 
red fox or skunk upon his own land, or on any lands 
upon which he may be an actual bona fide tenant or 
resident, and also for the agent of the owner or 
tenant of such land to so hunt and kill any red fox 
or skunk thereon by the direction of such owner or 
tenant. It shall be unlawful for any person at any 
time to set or maintain any snare upon the improved 
or inclosed lands of another without the express per- 
mission of the owner or tenant of such lands, or at 
any time to set or maintain any steel or spring bear 
trap upon any lands not his own. 

Any person violating any of the provisions of this 
section shall be guilty of a misdemeanor and upon 
conviction thereof shall be fined not less than twenty- 



Forest, Game axd Fish Laws 31 

five dollars and no more than fifty dollars for each 
offense, and in the discretion of the justice or court 
trying the case; be imprisoned in the county jail for 
a period not exceeding thirty days for each offense, 
and the unlawful catching, killing or injuring of 
each and every wild game bird, or wild game animal 
hereinbefore mentioned in this section, shall be 
deemed a separate offense, and in default of the pay- 
ment of the fine and costs, the persons convicted 
shall be confined in the county jail for a period not 
exceeding thirty days, unless such fine and costs be 
sooner paid; provided, however, that the forest, 
game and fish warden or deputy warden or other 
persons under the direction of a warden may cap- 
ture by any means any of the game birds or game 
animals to keep them alive for propagation pur- 
poses. And provided, further, that the warden may 
give written permission to any responsible person as 
provided by section thirty-eight of this chapter. 
Sec. 27. Use of seine, or trap, to catch birds. 

It shall be unlawful for any person at any time to 
catch by seine, net, bait, trap or snare of any kind 
or device, any wild turkey, ruffed grouse or pheasant 
or quail. (Acts 1875, c. 117, sec. 2; 1877, c. 15; 
1882, c. 89; 1887, c. 47; 1890, c. 14; 1897, c. 30; 
1899, c. 22; 1903, c. 46; 1909, c. 60.) 

Sec. 28. Same; hunting on Sunday. 

It shall be unlawful to hunt, catch, kill or injure or 
pursue with intent to hunt, catch, kill or injure any 
wild animals or birds, or fish, on the first day of the 
week, commonly known as Sunday. Any person vio- 
lating any of the provisions of this section or section 



FoRKbT, Game and Fish Laws 



twenty-seven hereof, shall be deemed guilty of a mis- 
demeanor, and upon conviction thereof, shall be fined 
not less than ten dollars, nor more than twenty-five 
dollars, and in default of the payment of fine and 
costs, be committed to the county jail for a period cf 
net more than thirty days, unless said fin<^ and costs 
are sooner paid. (Acts 1875, c. 177. sec. 2; 1877, c. 15; 
1882, c. 89; 1887, c. 47; 1890, c. 14; 1S1I7, c. 30; 1S1»9, 
c. 22; 1903, c. 46; 1909, c. 60.) 

Sec. 29. Jurisdiction of offenses. 

All prosecutions under this chapter shall be in the 
name of the state of West Virginia, before any court 
or justice having jurisdiction, and the justice shall 
have concurrent jurisdiction with the circuit and 
other courts in all misdemeanors, and in any case in 
which the prosecuting attorney appears, a fee of ten 
dollars shall be allowed him, to be taxed as a part of 
the costs of the case, and collected off the defendant 
in case he is convicted. (Acts 1875, c. 117, sec. 7; 
1882, c. 89; 1897, c. 30; 1899, c. 22; 1909, c. 60.) 

Sec. 30. Witnesses. 

Every person called as a witness in any case for 
the violation of any of the provisions of this chap- 
ter, shall be compelled to testify fully; but his 
testimony shall not be given in evidence against 
him in any prosecution for such offense; and no 
person against whom such witness shall so testify, 
shall be competent as a witness for the state, 
in the prosecution against such witness for the 
same offense or matters to which said witness so 
testified, nor for any violation of any provisions of 
this chapter, alleged to have been committed before 



Forest, Game and Fish Laws 33 

the commencement of the prosecuiion in which he is 
examined as such witness. (Acts 1875, c. 117, sec. 7; 
1882, c. 89; 1897, c. 3D; 1899, c. 22; 1909, c. 60.) 

Sec. 31. All moneys collected for fines, license 
taxes or otherwise and due the state, under and by 
virtue of the provisions of this chapter, shall be dis- 
posed of as follows: The net proceeds of all fines 
collected from convictions for the violation of any 
section of this chapter, shall, after the payment of 
the amount fixed by ihis chapter to the proper 
deputy warden and the cost as provided by law, be 
paid into and credited to "the school fund" of this 
state, as provided by the constitution; all other 
moneys due the state by virtue of any provision of 
this chapter, as now amended, shall be paid into the 
state treasury and credited to the "forest, game and 
fish protective fund." and the same shall be ap- 
plicable to the payment of the expense of inaugur- 
ating, carrying out and maintaining any and all of 
the purposes set forth in this chapter, as now 
amended, and of any other law relating to protection 
of forest or the protection and propagation of game 
and fish, and shall be paid out upon the requisition 
of the game and fish warden, approved by the 
governor, for which purpose said fund is hereby 
appropriated. 

And the forest, game and fish warden shall an- 
nually out of the forest, game and fish protective 
fund stock the streams of this state with trout, bass 
and any other proper fish to the extent of twenty 
per cent of the annual income of such fund, but such 
expenditure shall be with the consent of the gov- 
ernor. And the forest, game and fish warden is 



34 Forest, Game a]n:d Fish Laws 

hereby empowered, when so approved by the gov- 
ernor, to offer reasonable rewards for the arrest and 
conviction of persons violating the provisions of this 
chapter, and also to employ and pay persons to as- 
sist in arresting or procuring evidence for the con- 
viction of persons violating the provisions of this 
chapter, or any law for the protection of game and 
fish in this state, all of which shall be paid out of 
the said forest, game and fish protective fund. 

Sec. 32. Expenses of extradition. 

In all cases where any person has been indicted for 
the violation of any of the provisions of this chapter, 
and has escaped or removed to another state, all costs 
of requisition and extradition papers and all other 
costs and expenses of securing and bringing such per- 
son back into this state, shall be charged as a part of 
the costs of prosecution against such person; and if 
such costs of requisition and extradition papers and 
expenses cannot be secured from such person, they 
shall be paid out of the "forest, game and fish pro- 
tective fund." (Acts 1909, c. 60.) 

Sec. 33. Killing or possession of non-game birds. 

That no person shall, within the state of West Vir- 
ginia, kill or catch or have in his or her possession, 
living or dead, any wild bird other than a game bird; 
or purchase, offer or expose for sale, transport or 
ship within or without the state, any such wild bird 
after it has been killed or caught, except as per- 
mitted by this chapter. No part of the plumage, 
skin, or body of any bird protected by this section 
shall be sold or had in posession for sale irrespective 
of whether said bird was captured or killed within or 



Forest, Game and Fish Laws 35 

without the state. For the purpose of this chapter 
all the birds and species of birds named in section 
twenty-three of this chapter only, shall be considered 
game birds. (Acts 1869, c. 96; 1875, c. 117, sec. 1; 
1882, c. 89; 1897, c. 30; 1903, c. 46; 1907, c. 57; 
1909, c. 60.) 

Sec. 34. Taking or destroying birds' nests or eggs. 

No person, except the game warden, or his 
deputies, by his direction, shall within the state of 
West Virginia, wantonly take or destroy, or attempt 
to take or destroy, the nest or the eggs of any wild 
bird, except that of the English or European house 
sparrow, owl, hawk, eagle, crow and the kingfisher, 
or have such nest or eggs in his possession. (Acts 
1869, c. 96; 1875, c. 117; 1882, c. 89; 1897, c. 30; 
1903, c. 46; 1907, c. 57; 1909, c. 60; 1915, c. 14.) 

Sec. 35. Transportation of non-game birds. 

No person or persons or any corporation acting as a 
common carrier, its officers, agents or servants, shall 
ship, carry, take or transport, either within or be- 
yond the confines of the state, any resident or migra- 
tory wild non-game bird. (Acts 1907, c. 57; 1909, 
c. 60.) 

Sec. 36. Punishment for violations of sees. 33-35. 

Any person violating sections thirty-three, thirty- 
four and thirty-five shall be guilty of a misdemeanor 
and upon conviction thereof, shall be fined not less 
than ten nor more than fifty dollars and may be 
confined in the county jail at the discretion of the 
court or justice, for a period of not more than thirty 
days. (Acts 1869, c. 96; 1875, c. 117, sec. 1; 1882, 
c. 89; 1897, c. 30; 1903, c. 46; 1907, c. 57; 1909, c. 60.) 



Forest, Game and Fish Laws 



Sec. 37. Taking birds, nests or eggs for scientific 
purposes. 

Sections thirty-three, thirty-four and thirty-five of 
this chapter, shall not apply to any person holding 
a certificate giving the right to take birds, their 
nests, or eggs for scientific purposes only, as pro- 
vided for in section thirty-eight of this chapter. 
Acts 1907, c. 57; 1909, c. 60.) 

Sec. 38. Certificate may be granted by the forest, 
game and fish warden, to any properly accredited 
person of the age of fifteen years or upwards, per- 
mitting the holder thereof to collect birds, their 
nests, or eggs for scientific purposes only; the ap- 
plicant for same must present to said officer, written 
testimonials from two well-known ornithologists, who 
must be residents of West Virginia, certifying to the 
good character and fitness of said applicant to be en- 
trusted M'ith such privilege; must pay said officer one 
dollar to defray the necessary expenses attending the 
granting of such certificate, on proof that the holder 
of such certificate has killed any bird or taken the 
nest of any bird for other than strictly scientific pur- 
poses, his certificate shall become void and he shall 
be liable to a fine not exceeding one hundred dollars 
or imprisonment not exceeding thirty days or both, 
at the discretion of the court. (Acts 1907, c, 57; 
1909, c. 60.) 

Sec. 39. The certificates authorized by section 
thirty-seven of this chapter, shall expire on the 
thirty-first day of December of the year issued, and 
shall not be transferable. (Acts 1907, c. 57; 1909, 
c. 60.) 



Forest, Game and Fish Laws 37 

Sec. 40. The English cr European sparrow, owls, 
hawks, eagles, crows, king fishers, and the common 
black bird, sometimes called the "crow" black bird, 
are not included among birds protected by this 
chapter. 

Sec. 41. Birds as domestic pets. 

Nothing in this chapter shall prevent a citizen of 
West Virginia from taking or keeping any wild non- 
game bird in a cage as a domestic pet; provided, 
that such bird shall not be sold or exchanged, or 
offered for sale or exchange, or transported out of 
this state. (Acts 1907, c. 57; 1909, c. 60.) 

Sec. 42. Killing person or live stock while hunt- 
ing. 

Whoever, while engaged in hunting or pur- 
suing wild game or game birds, negligently or care- 
lessly shoots or wounds or kills any human being, 
or any live stock, shall be deemed guilty of a mis- 
demeanor, and on conviction thereof, shall be fined 
not exceeding one thousand dollars, and, in the dis- 
cretion of the court trying the case, be confined in 
the county jail for a period of not exceeding one 
year. (Acts 1909, c. 60.) 

Sec. 43. Birds for which no open season. 

There shall be no open season on the following 
named game birds: Hungarian partridge, Reeve's 
pheasant, English pheasant, Lady Amherst's pheasant, 
Chinese pheasant, capercailzie or any other foreign 
game birds introduced into this state, by the wardens 
or any person or persons, or association. It shall be 
unlawful for any person to catch, kill or injure, or 
pursue with intent to catch, kill or injure, any of the 



38 Forest; Game and Fish Laws 

species of the game birds mentioned in this section. 
Any person violating any provision of this section 
shall be deemed guilty of a misdemeanor, and upon 
conviction, shall be fined not less than twenty-five 
dollars nor more than fifty dollars, and, in the dis- 
cretion of the court or justice trying the case, be 
confined in the county jail for a period of not more 
than sixty days; and upon default of the payment of 
fine and costs, he shall be confined in the county 
jail not less than twenty days, unless said fine and 
costs are sooner paid. Each bird shall constitute a 
separate offense. (Acts 1909, c. 60.) 

Sec. 44. It shall be unlawful for any person not a 
citizen of the United States of America, or not a 
bona fide resident of this state, or any corporation 
doing business in this state to catch or destroy any 
of the fish in creeks or rivers of this state, or sub- 
ject to the jurisdiction thereof, without first having 
obtained a license so to do, and then only by the 
means whereby and during the respective periods 
when it shall be lawful to do so. Such license shall 
be procured in the following manner, to wit: The 
applicant shall go before the clerk of the county 
court of some county of this state and fill out a 
blank application, to be provided by the forest, game 
and fish warden, stating his name, age, occupation, 
weight, height, place of residence, and color of hair, 
eyes and complexion; said application shall be sub- 
scribed by the applicant in ink, and sworn to by the 
applicant before said clerk, and shall aver that his 
statements made therein are true, and correct to the 
best of his knowledge and belief; the applicant shall 
thereupon pay to said county clerk the sum of five 



Forest, Game and Fish Laws 39 

or keeping any such dam or other thing, shall be 
allowed six months from the time this act shall take 
effect in which to comply therewith. And it shall he 
the special duty of said forest, game and fish warden, 
upon the information of the violating of this pro- 
dollars as a license tax. The said clerk shall there- 
upon issue to such applicant a license of the form 
to be furnished by the said warden, entitling such 
applicant to catch and take fish according to law 
from any of the creeks or rivers in this state; pro- 
vided, however, that such applicant may fill out said 
application and sign and swear to the same before 
some notary public or justice of the peace of the 
county wherein such application is made and send 
the same to said clerk, together with the amount of 
said license tax, and such clerk shall send him such 
license. Such license shall be signed by said clerk 
and shall bear the seal of the county court of the 
county in which the same is issued and for his 
services in issuing same the clerk shall receive the 
sum of twenty-five cents. All such license taxes 
shall be paid by the said clerk to the said treasury 
on the first day of each month for the month next 
preceding, except his fees. No person to whom such 
license has been issued shall exercise the privilege 
thereby conferred without at the same time having 
such license in his actual possession, and he shall 
exhibit the same on demand to any officer of this 
state, or owner, tenant or lessee of any land upon 
which such person is fishing; provided, howefer, that 
nothing herein contained shall be construed to re- 
quire the non-resident owner of any lands in this 
state, or his children, to obtain such license in order 
to lawfully fish upon such land. 



40 Forest, Ga?,ie axd Fish Laws 

It shall not be lawful for any person to have in his 
possession or to set or maintain anywhere in this 
state, or on any water subject to the jurisdiction 
thereof any seines, net or traps or devices of like 
nature, whereby fish may be taken or caught. Nor 
shall it be lawful for any person to catch or have in 
his possession any jack salmon, commonly called 
jack fish, or any white salmon less than seven inches 
in length, any pike or pickerel of less than ten 
inches in length, any black bass less than eight 
inches in length, or any trout less than six inches 
in length, or to catch or kill by use of gig or spear 
any black bass or trout, or have in his possession 
any black bass or trout so caught or killed, or any 
fish caught out of seaso!i or caught or taken in any 
manner prohibited by law. All fish less than the 
length prescribed herein shall be returned to the 
water immediately with as little injury as possible. 

And the measurement of the fish shall be taken 
from the end of the nose to the center fork of the 
tail. It shall be riulav.-ful to take or destroy any 
jack salmon, jack fish, or white salmon in any man- 
ner between the first day of April and the first day 
of June of each year; or to catch or destroy any 
trout or landlock salmon in any manner between the 
first day of September and the first day of May fol- 
lowing. It shall be unlawful for any person to catch 
any black bass, green bass, willow bass, rock bass, 
pickerel, or wall-eyed pike betv/een the first day of 
April and the first day of June of each year. 

It shall not be lawful for any person to catch or 
destroy fish in any dam or pond, the property of any 
person, except with the consent of the owner of such 



Forest, Game axd Fish Laws 41 

dam or pond, unless such dam or pond be in some 
of the rivers of this state. But nothing in this chap- 
ter shall be so construed as to prevent the catching 
of minnows or other fish, except salmon, bass, shad 
and trout, by means of hands or nets to be used for 
angling or scientific purposes; nor to prevent the 
warden of the state or his deputies or any person 
with their or his consent from catching any fish at 
any time with nets or seines for the purpose of pro- 
pagation or stocking other waters, nor to prevent any 
person from taking in any way fish from his private 
dam, spring or pond at any time. 

Any person who shall knowingly and willfully let 
the water out of any pond mentioned herein, with 
the intent to take or injure the fish therein, shall be 
guilty of a misdemeanor, and shall be punished, upon 
conviction, by imprisonment in the county jail, not 
less than one month nor more than six months, or 
by fine of not less than fifty nor more than two hun- 
dred dollars, or by both fine and imprisonment. 

The owners or those in control of lands or rights 
in land ; in or bordering upon any pond designated 
in this act, shall have erected and maintained in a 
conspicuous place along these ponds when they are 
unenclosed, a sign at least a foot square and which 
shall have thereon the name of the party in control, 
and the words "trespassers warned off under penal- 
ties of the law." Any person who shall wilfully and 
wrongfully tear down, deface or injure the boards 
provided for in this section, shall be guilty of a mis- 
demeanor and liable to a penalty as hereinafter 
provided. 

Any person violating any provision of this section, 



42 Forest, Game and Fish Laws 

except as otherwise herein provided, shall be guilty 
of a misdemeanor, and for every conviction thereof 
shall be fined not less than ten dollars, nor more 
than one hundred dollars, and may, at the discretion 
of the court or justice trying the case be confined in 
the county jail not exceeding thirty days. 

Sec. 45. Destruction of fish nets or traps; ob- 
struction of passage of fish in stream. 

It shall be lawful for any person at any time to re- 
move or destroy any nets, traps or other devices 
placed in any creeks, runs or rivers within this state, 
and the persons claiming ownership or possession of 
such nets, seines or other devices shall have no re- 
course at law against the party destroying the same. 
Any person violating any of the above provisions of 
this section shall be guilty of a misdemeanor and, 'upon 
conviction thereof shall pay a fine of not less than ten 
dollars nor more than fifty dollars or be confined in 
the jail not exceeding thirty days. And no person, 
firm or corporation shall build, erect, keep or main- 
tain any dam or anything in any river, creek or 
water course in this state, which shall in any way 
or manner prevent or obstruct the free and easy 
passage of fish up or down such river, creek or other 
water course, without placing, building and main- 
taining on such dam or other thing, a good and suffi- 
cient ladder or way, so planned or built as to allow 
all fish to easily ascend or descend the same; and 
said ladder or way shall be constructed upon plans 
and in a manner and at a place satisfactory to the 
forest, game and fish warden of the state of West 
Virginia. Any person, firm or corporation violating 
this provision shall be guilty of a misdemeanor and 



Forest, Game and Fish Laws 43 

upon conviction thereof shall be fined not less than 
ten dollars nor more than fifty dollars; and each 
week shall constitute a separate offense; provided, 
that any person, firm or corporation now maintaining 
vision, to immediately investigate the same, and 
cause this provision to be fully carried out. (Acts 
1867, p. 172; 1882, c. 89; 1897, c. 30; 1899, c. 22; 
1901, c. 94; 1903, c. 47; 1909, c. 60; 1915, c. 14.) 

Sec. 45-a. Depositing in streams matter injurious 
to fish; drainage of water from mines. 

It shall be unlawful for any person, firm or corpora 
tion to throw, discharge or cause to enter into any 
stream, water-course or water in this state saw-dust 
or other matter deleterious to the propagation of fish. 
It shall be lawful, however, to drain or cause to be 
drained from any mine in the state by the owner or 
operator thereof the water that naturally collects in 
such mine and the water from any coal washery, and 
to discharge the same into any stream, water-course 
or water in the state; provided, however, that any 
mine from which the v/ater is so discharged or 
drained shall be kept in a sanitary condition and 
the water draining or flowing from such mine, and 
from such washery, shall, while in the mine and on 
the premises of the mine owner or operator, be kept 
free from pollution by human or animal excrement or 
substance deleterious to health. And the state board 
of health, its agents, employees and servants shall 
at all seasonable times have authority to enter upon 
the premises and into any such mine in order to see 
that the same is kept in a sanitary condition and that 
the waters draining therefrom are free from the ob- 
jectionable substance named herein; with the right 



44 Forest, Game and Pish Laws 

to the state board of health to prevent any mine 
owner or mnie operator who fails to comply with the 
provisions of this act from draining or discharging 
the water or waters from his or its mine into any 
stream, water or water-course in the state; provided, 
further, that any mine owner or operator having one 
suitable, convenient and sufficient outlet for the 
water from his or its mine into one stream shall not 
cause the same to be drained into any other stream. 
Any person, firm or corporation violating any of the 
provisions of this section shall be guilty of a mis- 
demeanor and fined not less than fifteen nor more 
than one hundred dollars for each and every such 
offense; provided, that no prosecution to enforce 
this section shall be instituted or conducted without 
the consent and approval of the forest, game and fish 
warden; such consent to be evidenced in writing 
and filed and entered of record in the court or before 
the justice and in his docket, in which or before 
whom the prosecution is begun or pending. (Acts 
1903, c. 47; 1915, 2d Ex. Sess., c. 5.) 

Sec. 46. Employment of person to violate chapter; 
unlawfully serving game at hotel. 

It shall be unlawful for any person, firm or cor- 
poration to employ or hire, or in any way, directly or 
indirectly or by the use of money or other thing of 
value, to induce or persuade any other person, firm 
or corporation to kill, catch or deliver to such first 
named or any other person, firm or corporation, any 
deer, wild turkey, quail, pheasant or ruffed grouse, 
or any other wild game or wild birds, or trout, bass, 
salmon or any other game fish, the sale of which 
game, birds or fish is prohibited by this chapter, and 



Forest, Game and Fish Laws 45 

the serving of any such birds, game or fish killed or 
caught in this state by any hotel, restaurant or other 
licensed place where meals are furnished for pay, 
shall be deemed a sale of such birds, game or fish. 
And it shall be unlawful for any person, firm or cor- 
poration to kill, catch or deliver for money or other 
thing of value, either directly or indirectly, any such 
game, birds or fish. Any person, firm or corporation 
violating this section shall be guilty of a misde- 
meanor and upon conviction thereof shall be fined not 
less than ten nor more than fifty dollars and may be 
confined in the county jail at the discretion of the 
court or justice, for a period not exceeding thirty 
days, and each animal, bird or fish so served, killed, 
caught or delivered, shall constitute a separate of- 
fense. (Acts 1909, c. 60.) 

Sec. 47. It shall be unlawful for any person to kill 
or attempt to kill any fish by the use of dynamite, or 
other explosive mixture or by the use of any poison- 
ous drugs, substance, bait or food; or by the use of 
electricity, lime or any other thing of like nature. 
And the placing of any such articles or substances in 
any stream, pond or lake, shall be deemed and taken 
to be prima facie proof of intention to violate this 
section. It shall be unlawful for any person to kill 
or take, or attempt to kill or take, any fish by shoot- 
ing with any gun, rifle, pistol or other device of like 
nature. Any person violating this section shall be 
guilty of a misdemeanor, and upon conviction thereof 
shall be confined in the county jail for a period of not 
less than two months, nor more than twelve months, 
and shall, at the discretion of the court, be fined not 
less than twenty-five dollars nor more than $100; 



46 Forest, Game and Fish Laws 

but upon conviction of the same person for the second 
offense in this state, he shall be guilty of a felony 
and be confined in the penitentiary not less than one 
nor more than three years. 

Sec. 48. It shall be unlawful for any person, firm 
or corporation to sell, give or furnish directly or in- 
directly, any dynamite or any other explosive or 
killing mixture or any poisonous drug, bait or food 
to any person, when such person, firm or corporation 
knows or has reason to believe that such dynamite 
or other explosive or killing mixture or poisonous 
drug, bait or food are intended to be used for the 
purpose of killing fish. Any person, firm or cor- 
poration violating this section shall be guilty of a 
misdemeanor and upon conviction thereof, shall for 
each offense, be fined not less than twenty-five noi' 
more than one hundred dollars, and may at the dis- 
cretion of the court be confined in the county jail 
not exceeding thirty days. (Acts 190D, c. 60.) 

Sec. 49. Hunting or camping on enclosed lands. 

It shall be unlawful for any person to shoot, hunt, 
fish or fowl upon the enclosed or improved lands of 
another person, or to camp, peel trees, cut trees or 
timber, build fires or do any other act or thing 
thereon in connection with or auxiliary to shoot 'ng, 
hunting, fishing or fowling on the lands of another 
person without permission in writing from the owner, 
lessee or other person entitled to the possession of 
such lands, or the tenant or agents of such owner, 
lessee or person entitled to the possession thereof, 
duly authorized to give such written permission, and 
every person hunting, fishing, shooting or fowling 



Forest, Game axd Fish Laws 47 

upon such lands shall have such written permission, 
with him when so doing. Any person violatiU;^ any 
of the provisions of this section shall be deemed 
guilty of a misdemeanor, and upon conviction thereof 
shall be fined not less than ten dollars nor more thun 
fifty dollars and may in the discretion of the court 
or justice, be confined in the county jail not more 
than thirty days; and if any person be convicted a 
third time of such offense, he shall be confined in the 
county jail for a period of not less than three nor 
more than thirty days in addition to any fine imposed, 
and in all cases he shall be confined in the county 
jail until the fine and costs are paid; provided, that 
such time shall not exceed thirty days. It shall be 
lawful for the owner, lessee, or the person entitled 
to the possession of such lands or the agent thereof, 
to arrest any such person found violating this sec- 
tion and immediately take him before a justice of the 
peace for trial, and such owner, lessee, person or 
agent, is hereby vested with all the powers and rights 
of a deputy game warden for such purpose; and it is 
hereby made the duty of the warden and all deputies 
to see that this section is enforced, if requested so 
to do by such owner, lessee, person or agent, but not 
otherwise. (Code Va. 1860, p. 499; Acts 1882, c. 89; 
1887, c. 47; 1901, c. 89; 1909, c. 60; 1911, c. 47.) 

Sec. 50. Shooting across public road or near school 
house or dwelling. 

It shall be unlawful for any person to shoot or dis- 
charge any firearms in or across any public road in 
this state at any time or within four hundred feet of 
any school house or shoot or discharge any firearms 
on the lands of another on any lawn or orchard or 



48 Forest, Game and Fish Laws 

on any pleasure ground or other ground, which is 
directly appurtenant to or within six hundred feet of 
an occupied dwelling house. Any person violating 
this section shall be guilty of a misdemeanor and 
upon conviction thereof, shall be fined not less than 
ten dollars nor more than fifty dollars or at the dis- 
cretion of the court or justice, be imprisoned not 
more than thirty days. (Acts 1875, c. 117, sec. 4; 
1882, c. 89; 1901. c. 89; 1909, c. 60.) 

Sec. 50-a. From and after the time this act shall 
take effect an award or bounty shall be paid out of 
the "forest, game and fish protective fund" created 
by this act, for the killing within this state only of 
the following animals and predatory birds, to wit: 
For each lynx, wild-cat, bob-cat, or catamount, the 
sum of five dollars; for each hawk, except the spar- 
row or mouse hawk, the sum of twenty-five cents; 
for each great-horned owl, the sum of twenty-five 
cents; and for each crow, the sum of ten cents. The 
payment of such award or bounty may be obtained 
by the person killing any such animal or bird in the 
following manner and not otherwise. He shall pro- 
duce such killed animal, or bird within thirty days 
from the killing thereof, before the justice of the 
peace of the county in which such animal or bird is 
killed, and make an affidavit before such justice that 
he killed the same, stating distinctly the time and 
place of such killing, and that such place was within 
the state of West Virginia. Upon the production of 
such animal, or bird, and the making of such affidavit, 
the said justice shall in the presence of the party 
making such affidavit and at least one reputable wit- 
ness residing in said county, cut off the head of such 



FoKE!-T. Game a?;d Fish Laws 49 

animal or bird and destroy the same by burning; and 
he shall not charge any fee for any service required 
of him hereby. Upon the destruction of such head, 
such justice of the peace shall endorse upon said 
affidavit and sign a certificate of such fact, and de- 
liver said affidavit to the affiant, who shall present 
or mail the same to the forest, fish and game warden, 
and he shall thereby upon delivery, mail to said 
affiant a check for the amount of the said bounty or 
reward, and charge the same against the funds out of 
which said bounty or award is hereby made payable; 
provided, however, that no more than ten per cent 
of the amount derived from the license taxes collected 
in any one year under the provisions of this act, 
shall be applicable to the payment of such bounty or 
award claimed during the succeeding calendar year, 
and in the event the amount of such bounties or re- 
wards so claimed in any calendar year should equal 
in the aggregate the sum of ten per centum of such 
license taxes, the game warden shall immediately 
thereupon give notice of such fact in two papers 
representing two different political parties published 
at the seat of government, and therearcer no further 
bounties or rewards for any such birds killed during 
such calendar year shall be paid; and all claims for 
bounties or rewards made as aforesaid shall be paid 
in the order in which they are recei^^ed by the forest, 
game and fish warden. 

Sec. 50-b. State game refuge. 

From and after the time that this act takes effect 
there shall be a perpetual closed season for game of 
all kinds, and wild birds found upon such tracts of 
land in this state as may be set apart by the forest, 



50 Forest, Game and Fish Laws 

game and fish warden as sanctuaries or refuges for 
game of all kinds, and wild birds, under the provi- 
sions of this act; provided, the said tracts of land, 
if wild or unimproved land, shall be surrounded by 
a well defined fire line or cleared strip of land, and 
by at least one wire extending around the boundary 
thereof, and whether it be such wild land, or im- 
proved or cultivated land, the same shall be sur- 
rounded with notice, reading: "State Game Refuge. 
Hunting is Unlawful," posted on said boundary at 
conspicuous places; and, provided, further, that the 
combined area of such tracts of land in any one 
county shall not exceed ten thousand acres; and 
for the purpose of creating such state game sanc- 
tuaries or refuges, the forest, game and fish warden 
is authorized to secure supervisory control of any 
tracts of land which he may deem suitable for such 
purpose, and to prohibit all hunting thereon, and 
provide for the placing of game and wild birds 
thereon for the purpose of breeding and propagating 
the same, and protecting them from injury or moles- 
tation from any person, or predatory animal or bird. 
Any person who shall by any means hunt, kill, in- 
jure, disturb or molest any game or wild birds found 
upon such tract of land otherwise than by the di- 
rection of the forest, fish and game warden for the 
purpose of destroying such predatory animal or bird 
as is not protected by this chapter, shall be deemed 
guilty of a misdemeanor, and upon conviction thereof 
shall be fined not less than twenty-five nor more than 
one hundred dollars, and at the discretion of the 
court or justice trying the case may be imprisoned 
in the county jail not exceeding thirty days. (Acts 
1915, c. 14.) 



Forest, Game and Fish Laws 51 

Sec. 51. State forester and fire warden; deputies; 
duties. 

The forest, game and fish warden shall be ex- 
ofRcio fire warden of the state of West Virginia, and 
shall appoint some suitable person of sufficient edu- 
cation, training and practical experience in forestry, 
as state forester, who shall work under direction of 
the forest, game and fish warden, and assist him in 
formulating the best methods of re-foresting cutover 
and denuded lands, preventing the destruction of 
forests by fire, administering the forests on forestry 
principles, instructing and encouraging private own- 
ers in preserving and growing timber for commercial 
and manufacturing purposes, establishing, equipping 
and maintaining patrol routes and lookout stations, 
and securing the aid and co-operation of individuals, 
companies, organizations and the federal government. 
Before entering upon the discharge of his duties, 
the said state forester, shall execute a bond in the 
penalty of three thousand five hundred dollars, with 
security therein, to be approved by the forest, game 
and fish warden, and conditioned for the faithful per- 
formance of his duties, and to account for and pay 
over all moneys coming into his hands due and be- 
longing to the state, and also conditioned according 
to the requirements of the present law, with refer- 
ence to the carrying of revolvers, which said bond, 
after having been approved by the warden, shall be 
deposited with the auditor. All deputy forest, game 
and fish wardens shall also be deputy fire wardens 
for their respective counties in which they may re- 
side, and shall have jurisdiction in the adjoining 
counties thereto in case of emergency or where their 



52 Forest, Game and Pish Laws 

services may be required. The forest, game and fish 
warden may also appoint such special deputies and 
inspectors as are necessary to meet the conditions 
and requirements of the federal government in se- 
curing federal co-operation under the provisions of 
the Weeks' law, and may appoint special deputy fire 
wardens for each county, whose duty it shall be to 
assist in preventing and controlling forest fires, who 
shall be vested with the same authority with regard 
to such fires and be paid in the same manner as is 
provided for the deputy forest, game and fish war- 
dens. In case of fire in or threatening to forest or 
woodlands, the deputy fire wardens, shall upon re- 
ceiving notice thereof, forthwith attend and use all 
necessary means to confine and extinguish the same. 
He may destroy fences, plough land or, in an emer- 
gency, set back fires to check fire. He may hire 
volunteers or summon any resident of his county to 
assist in putting out fires. Any person summoned, 
v/ho is physically able, and refuses to assist, shall 
be guilty of a misdemeanor, and upon conviction 
thereof, be fined not less than ten, nor more than 
fifty dollars, and in the discretion of the court or 
justice trying the case, be confined in the county 
jail for a period of not more than sixty days; and 
upon the default of the payment of fine and costs, 
he shall be confined in the county jail for not less 
than twenty, nor more than thirty days, unless said 
fine and costs are sooner paid. An action of trespass 
shall not lie against persons crossing or working 
upon lands of another to extinguish fire. (Acts 1909, 
c. 60; 1915, c. 15.) 



Forest, Game and Fish Laws 53 



Sec. 52. Deputy wardens shall receive the sum of 
two dollars per day for the time actually employed 
at forest fires, arid all persons employed or sum- 
moned by them, not to exceed the sum of one dollar 
and fifty cents per day for their services. All 
services so rendered shall be a charge against the 
county, and each deputy warden shall within twenty 
days after such fire render to the forest, game and 
fish warden a sworn report in duplicate, giving the 
location and area burned over, the quantity of tim- 
ber, wood, logs, bark or other forest product, and of 
fences, bridges and buildings destroyed, with an 
estimate of the value thereof, the time used by him, 
the names and post office address of all persons 
hired or summoned by him, who assisted him thereat, 
together with the time each worked. Any deputy 
warden who shall make any false statement in his 
said report, hereinbefore required to be made to the 
forest, game and fish warden, as to the time used by 
him, the names of the persons so hired or sum- 
moned by him and who assisted him in fighting such 
fire, or as to the time of any such person working 
thereat, shall be guilty of a misdemeanor, and upon 
conviction thereof, be fined not less than twenty-five 
nor more than one hundred dollars, and for such 
cause shall be removed from office by the said forest, 
game and fish warden. It shall be the duty of the 
forest, game and fish warden to carefully audit such 
report, and after having satisfied himself of the cor- 
rectness of same, he shall approve said report and 
certify same to the county court of the county 
wherein the fire occurred for payment, which 
amounts shall be paid to the parties entitled thereto, 



54 Forest, Game and Fish Laws 

out of the county funds, at the first session of said 
court thereafter. (Acts 1909, c. 60; 1915, c. 15.) 

Sec. 53. Unlawful fires. 

Whoever by himself, or by his servants, agent or 
guide or as the servant, agent or guide of any other 
person, shall build any fire, or use an abandoned fire 
in a field, public or private road, or adjacent to, or 
in any woods or forest in this state, shall, before 
leaving such fire, totally extinguish the same, and 
upon failure to do so, if failure to do so shall cause 
damage to any property within, such person or per- 
sons shall be deemed guilty of a misdemeanor, and 
on conviction thereof shall be fined not less than 
twenty-five dollars nor more than one hundred dol- 
lars and the costs of the prosecution, and upon de- 
fault in paying said fine and costs shall be confined 
in the county jail not more than ninety days unless 
said fine and costs be sooner paid. If any person, or 
persons, negligently set on fire, any woods, fields or 
lands within this state, so as thereby to occasion 
loss, damage or injury to any other person, he shall 
be guilty of a misdemeanor, and on conviction thereof, 
shall be fined not less than fifty dollars nor more 
than five hundred dollars, and in the discretion of the 
justice or court trying the case, be imprisoned in the 
county jail not to exceed one year. If any person 
unlawfully and maliciously set fire to any woods, 
fence, grass, straw or other infiammable material 
which may spread fire on lands, he shall be guilty of 
a felony, and on conviction thereof shall be con- 
fined in the penitentiary not less than one year nor 
more than two years, and shall moreover be liable 
to any person injured thereby, or in consequence 



Forest, Game and Fish Laws 55 

thereof, for double the amount of damages sustained 
by such person. It shall be unlawful for any person 
or corporation as land owner to set, or procure an- 
other to set fire to any woods, brush, logs, leaves, 
grass or clearing upon their own land, unless they 
shall have previously given notice of their intention 
of firing such lands, to adjoining land owners and 
taken all possible care and precaution against the 
spread of such fire to other lands not their own, by 
previously having cut and piled the same, or care- 
fully cleared around the land which is to be burned, 
so as to prevent the spread of such fire. The setting 
of fire contrary to the provisions of this section, or 
allowing it to escape to the injury of adjoining lands, 
shall be prima facie proof of willfulness or neglect, 
and the land owner from whose land the fire origi- 
nated shall be liable in a civil action for damages 
for the injury resulting from such fire and also for 
the cost of fighting and extinguishing the same. 
(Acts 1909, c. 60; 1915, c. 15.) 
Sec. 54. Fires on railroad right of way. 

Every railroad company shall, on such part of its 
road as passes through forest land or lands, subject 
to fires from any cause, cut and remove from its 
right of way along such lands, at least twice a year, 
all grass, brush and other inflammable materials, 
and employ in seasons of drought and before vegeta- 
tion has revived in the spring, sufficient trackmen to 
promptly put out fires on its right of way; and every 
person, firm or corporation operating any locomotive 
steam engine in this state shall provide the same 
with netting of steel or iron wire so constructed, and 



56 Forest, Game and Fish Laws 

at all such times maintained as to prevent the escape 
of fire and sparks from the smoke stacks thereof, 
and with adequate devices to prevent the escape of 
fire from ash pans and furnaces which shall be used 
on such locomotives. 

No railroad company or employee thereof shall 
deposit fire coals or ashes on its track or right of 
way near such lands. In case of fire on its own or 
neighboring lands, the railroad company shall use 
all practicable means to put it out. Engineers, con- 
ductors or trainmen discovering or knowing of fires 
in fences, or other material along or near tne right 
of way of the railroad in such lands shall report the 
same at the first station to the station agent, and 
such station agent shall forthwith notify the nearest 
fire warden and use all necessary means to extin- 
guish the same. And any railroad company or officer, 
or employee thereof, and any person, firm or cor- 
poration operating any such locomotive steam engine 
who shall violate any provisions of this section, shall 
each be guilty of a misdemeanor, and upon conviction 
thereof, shall be fined a sum not less than twenty 
nor more than two hundred dollars. (Acts 1909, 
c. 60; 1915, c. 15.) 

Sec. 55. Recovery by warden of expense of ex- 
tinguishing fires; as bar to action for damages. 

The forest, game and fish warden in the name of 
the county in which any forest fire has occurred, and 
which has been extinguished or suppressed by his 
efforts, shall recover from the person or persons, 
firm or corporation, giving origin to such fire, the 
amount so expeded in extinguishing said fire and the 



Forest, Game and Fish Laws 



cost thereof, and the same shall not bar the rights 
of damage between the parties thereto. (Acts 1909, 
c. 60; 1915, c. 15.) 

Sec. 56. State forest reserves. 

The forest, game and fish warden, by and with 
the consent of the governor, shall have the power to 
purchase lands in the name of the state, suitable for 
forest culture and reserves, at a price which shall 
not exceed five dollars per acre, using for such pur- 
chase any surplus money not otherwise appropriated 
which may be standing to the credit of the forest, 
game and fish protective fund; and to make all rules 
and regulations governing state reserves; and is 
hereby authorized by and with the consent of the 
governor, to accept gifts of land to the state, ihe 
same to be held, protected and administered by the 
forest, game and fish warden as state forest reserves, 
and to be used so as to demonstrate the practical 
utility of timber culture and as a breeding place for 
game. Such gifts must be absolute, except for the 
reservation of all mineral and mining rights over and 
under said lands, and a stipulation that they shall be 
administered as state forest reserves, and the attor- 
ney general of the state is directed to see that al] 
deeds to the state of lands mentioned above are 
properly executed before the gift is accepted. All 
acts and part of acts in conflict with this act are 
hereby repealed. (Acts 1915, c. 15.) 

SYNOPSIS OF GAME AND FISH LAWS 
You cannot hunt, fish or fowl upon the enclosed or 
improved lands of another, without permission in 
writing from the owner or his agent. 



Forest, Game and Fish Laws 



The carrying of any uncased gun in the woods or 
fields of this state by any person not having the law- 
ful right to hunt shall be prima facie evidence of a 
violation of the law. 

It is a violation to alter or change in any manner 
or to borrow, loan, sell or transfer any hunting or 
fishing license. 

It is unlawful to have in your possession, with the 
intention of transporting same or having same trans- 
ported beyond the limits of the state, any game 
animals (except rabbits), game fish or game birds. 

It is a felony to chase, pursue, kill or injure any 
elk, or to chase any deer with dogs. 

It is unlawful to hunt, or fish on Sunday. 

There is no open season on the following game 
birds: Hungarian partridge. Reeve's pheasant, Eng- 
lish pheasant, Lady Amherst pheasant, Chinese 
pheasant, caporcailzie or any foreign game bird. 

The English sparrow, owls, hawks, eagles, crows, 
and the black bird, commonly known as the "crow 
black bird," and king fishers may be killed at any 
time. 

It is unlawful to catch or kill any wild non-game 
bird protected by the laws of this state or to take or 
destroy the nest or eggs of any wild bird, or have 
same in your possession, except as provided by law. 

A fine of $1,000 and a jail sentence may be im- 
posed upon you if you negligently or carelessly 
wound or kill any human being or live stock while 
hunting. 

You cannot sell or buy any game animals, game 
birds or game fish. 



Forest, Game and Fish Laws 59 

You cannot shoot or discharge any firearms in or 
across any public road or within four hundred feet 
of any school house or on the lands of another, or 
any lawn or orchard or on any pleasure ground or 
other ground which is directly appurtenant to or 
within six hundred feet of an occupied dwelling 
house. 

It is unlawful to have in possession, set or main- 
tain anywhere in this state, or on any water subject 
to the jurisdiction thereof, any seine, trap or device 
whereby fish may be taken or caught, or to catch 
any game fish except by hook and line, or with trot 
line the hooks on which are at least two feet apart. 

It is unlawful at any time to set any snare on the 
enclosed or improved lands of another, without the 
express permission of the owner or tenant of such 
land. It is unlawful at any time to set or maintain 
any steel or spring bear trap upon any lands not his 
own. 

You cannot at any time catch by seine, net, bait, 
trap or snare, of any kind or device, any wild turkey, 
ruffed grouse, pheasant or quail. 

The red fox, raccoon, mink and skunk may be 
killed by the property owner, his bona fide tenant 
or agent, on his own premises at any time in any 
way. 

You cannot kill more than 12 quail, 5 ruffed grouse, 
2 wild turkeys, or 10 squirrels in a day, or more than 
60 quail, 20 ruffed grouse, 5 wild turkeys, or 70 
squirrels in any open season. 

It shall be unlawful for any person to catch, kill or 
injure or pursue with intent to catch, kill or injure 
any rabbit between the first day of January and the 



GO Forest, Game and Fish Laws 

first day of October following, except any person or 
any of his children or agents can catch, kill or pur- 
sue at any time any rabbit upon his own land, or upon 
any land upon which he may be an actual bona fide 
tenant or resident, and also the bona fide agent of 
the owner of such land, may hunt and kill any rabbit 
thereon by the direction of such owner, otherwise 
than by the use of a ferret; but for the protection 
of orchards, gardens and young fruit trees or vines, 
rabbits may be lawfully hunted with ferrets by the 
owners thereof or their agents. 

You cannot hunt the various birds and animals or 
catch any fish except during the respective open 
seasons, which are as follows: 
Animals: 

No person shall hunt, chase, wound or kill any elk 
in this state at any time for a period of eight years 
from and after the passage of this act, provided, 
that the owner of any elk which shall be kept in 
any park or field sufliciently enclosed shall have a 
right to kill any elk of his own, or to pursue or cap- 
ture or kill any of his elks that may have escaped 
from his enclosure. 

No person shall hunt, chase, wound or kill any 
deer in this state, at any time for the period of three 
years after the passage of this act. except the owner 
of any deer shall have the right to kill same, or pur- 
sue and capture or kill any deer that may have 
escaped from his enclosure. 

No person shall chase or hunt deer with dogs in 
this state at any time. 

No person shall hunt, chase, kill or wound any 
deer after the year one thousand nine hundred and 



Forest, Game and Fish Laws 61 

twenty-one from the first day of December until the 
15th day of October following, except tame deer 
killed by the person owning them; nor shall any 
person kill more than one deer in any 'one season. 
No person shall, at any time kill any fawn, doe or 
other deer than bucks with horns or antlers over 
seven inches in length, or have in his possession the 
fresh skin of any doe or fawn. 

It shall be unlawful for any person to catch, kill 
or injure by means of a gun, snare, trap or poison 
any red fox or skunk between the first day of Febru- 
ary and the first day of December following; except 
in the following counties: Pocahontas, Randolph, 
Fayette, Pendleton, Monroe, Jefferson, Hardy, 
Wayne, Wood, Marshall, Mason, Gilmer, Hancock, 
Lincoln, Hampshire, Braxton, Raleigh, Webster, 
Putnam, Preston, Lewis, Jackson, Mercer, Green- 
brier, Berkeley, Tyler, Boone, Kanawha, Logan, Bar- 
bour, McDowell, Tucker and Calhoun; provided, how- 
ever, that it shall be lawful for any person at any 
time or by any means to catch, kill or pursue any red 
fox or skunk upon his own land or lands upon v.iiich 
he may be an actual bona fide tenant or resident, and 
also for the agent of the owner or tenant of such 
lands, to hunt and kill any red fox and skunk thereon 
by the direction of such owner or tenant. 

Birds: 

Quail (Virginia partridge), November 1st to De- 
cember 1st; pheasant (ruffed grouse), wild turkey, 
October 15th to December 1st; wild duck, goose or 
brant, October 1st to January 1st; woodcock, Octo- 



62 Forest, GA:\rE and Fish Laws 

ber 1st to November 30th; plover, Ortolan or sand- 
pipe, September 1st to December 15tli; snipe, October 
15tli to December 15th. 
Fish: 

Jack salmon, jack fish or white salmon (minimum 
length 7 inches), first day of June to first day of 
April of the following year; trout or land-lock sal- 
mon (minimum length 6 inches), May 1st to Septem- 
ber 1st; pike or pickerel (minimum length 10 inches), 
black bass (minimum length 8 inches), green bass, 
willow bass, rock bass, first day of June to first day 
of April the following year. 



3477-170 
Lot-X 



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